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Grand Juries: Understanding Their Role in the Legal Process

What is a Grand Jury?

A grand jury is a legal body composed of laypeople (individuals who are not judges or attorneys) that investigates criminal conduct and determines whether there is sufficient evidence to bring criminal charges against a person.

Functions of a Grand Jury

The primary function of a grand jury is to consider evidence and determine if there is probable cause to believe that a crime has been committed and that the accused individual should face trial.

Benefits and Criticisms of Grand Juries

Grand juries offer several benefits. They provide a check on the power of prosecutors by ensuring that charges are not brought without a sufficient basis. They also afford individuals privacy and protection from unwarranted prosecution.

However, grand juries have also faced criticism due to their secrecy and the potential for abuse. Critics argue that the closed nature of grand jury proceedings can lead to a lack of accountability and that the process can be biased against individuals who are politically unpopular or from marginalized groups.

Comparison with Trial Juries

Grand juries differ from trial juries (also known as petit juries) in several ways. Grand juries are private and their proceedings are confidential. In contrast, trial juries are generally open to the public and their deliberations take place in the presence of the judge and both parties.

Additionally, grand jurors serve longer terms (typically 18 to 24 months) than trial jurors, who serve for the duration of the case they are assigned to.

Conclusion

Grand juries play a vital role in the criminal justice system by investigating potential crimes and determining whether individuals should be brought to trial. While they offer several benefits, they have also faced criticism. As such, it is essential to strike a balance between due process and ensuring that grand juries operate fairly and without bias.

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